22 Iowa 435 | Iowa | 1867
To test the ruling complained of, it is to be taken that Dr. Huston was in court, and, as a witness, stated to the jury that the blow did not cause the death of the deceased. If he had so testified, could the State’s attorney, without laying the foundation therefor, call another witness, and show that Dr. Huston had máde statements out of court different from those made by him in court ? Clearly not. That this could be done in an ordinary case would not be claimed.
■ It was particularly prejudicial to the defendant to receive the evidence objected to, since the court denied to the defendant the right to show that his witness did not make the supposed contradictory statement imputed to him by the impeaching witness.
The judgment is reversed and the cause remanded for a new trial.
Reversed.